‘Drug addiction a serious threat to once-vibrant Punjab’: Supreme Court asks courts to be cautious on bail of repeat offenders

The Supreme Court has asked courts to exercise utmost caution in granting bail to repeat offenders in cases registered under the Narcotic Drugs and Psychotropic Substances (NDPS) Act in Punjab as the state is already grappling with the drug menace. The Supreme Court said that the problem has increased due to the involvement of some pharmaceutical companies, police officers and other affluent people in international drug trafficking.

A bench of Justices Surya Kant and Dipankar Datta refused to extend the interim protection granted to an accused by more than three weeks and asked him to seek regular bail as his name had cropped up in another case.

After hearing the parties, the bench said, “We are of the view that the parameters for granting bail in a case under special laws like the NDPS Act cannot be liberally construed in the instant case. We are saying this keeping in mind the fact that the state of Punjab is in the grip of drug menace. There are several drug mafias whose roots can be traced to the state of Punjab, and who operate in cross-border drug rackets and organized trafficking of drugs and psychotropic substances.

“It is a matter of common knowledge that a large cache of illegal drugs is smuggled across the border. Some local pharmaceutical industries, state police officials, and other affluent people have, at times, been suspected of involvement in international drug trafficking. “Drug addiction has posed a serious threat to the once vibrant state of Punjab,” the bench said.

Appellant Parvinder Singh alias Parminder Singh alias Vicky was one of the accused in the FIR registered under sections 21, 62 and 85 of the Narcotic Drugs and Psychotropic Substances Act, 1985 on October 21, 2022 at Police Station Shimlapuri, Ludhiana.

It was alleged that three accused including the appellant were caught in the raid and 20 grams of heroin kept in a plastic bag was recovered from them. An Alto car and two motorcycles were also seized. While the appellant managed to escape, his two co-accused were caught from the spot.

The Appellant subsequently applied for anticipatory bail, which was rejected by the Special Judge. He then approached the High Court, where he was granted interim protection against arrest on December 2, 2022. At the time of final hearing, the High Court was apprised of the fact that the Appellant was involved in another case under the NDPS Act. Registered on March 28, 2023.

The bench said that it is clear that the appellant misused the concession of interim bail granted on December 02, 2022, as his name had cropped up in another case while he was on interim bail. As a result, the High Court rejected his petition, after which he had to approach the Supreme Court.

It further said that it was true that this was a case of recovery of non-commercial quantity of the prohibited substance and thus the rigor of Section 37 of the NDPS Act was not applicable.

A coordinate bench of the court had granted interim protection to the appellant on October 6, 2023 and he joined the investigation, and a charge sheet was also filed.

The question before the Court for consideration was whether the Appellant is entitled to extension of the benefit of pre-arrest bail in the case of recovery of a prohibited substance like Heroin, when he was also found to be involved in another case under the NDPS Act.

The bench said that courts should be extremely cautious while granting bail, especially to repeat offenders. “The Appellant, as appears from the charges, is a drug smuggler and there is every possibility of him returning to the same illicit trade after being granted the privilege of pre-arrest bail.”